MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            8 November 2001
	DOCKET NUMBER:   AR2001058732

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Ms. Karen Y. Fletcher		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That her Certificate of Release or Discharge (DD Form 214) be corrected to show that she was discharged in the pay grade of E-5 instead of E-4, as currently reflected.

APPLICANT STATES:  That in late 1993, she made the E-5 cutoff score; however, she was on a suspended bust for an incident that occurred at her battalion’s organizational day with her first sergeant (1SG).  She states that after an investigation, the unfounded bust was lifted.  She goes on to state that she was distraught and that she became a recluse.  She states that she received a discharge in the pay grade of E-4 and that at the time, she was just happy to get out of the Army.

EVIDENCE OF RECORD:  The applicant's military records show:

On 25 February 1987, she enlisted in the Army for 4 years in the pay grade of 
E-1 and she remained on active duty through a series of continuous reenlistments.  She successfully completed her training as a tactical telecommunication center operator.

She was promoted to the pay grade of E-2 on 25 August 1987, to E-3 on 1 March 1988 and to E-4 on 1 October 1988.

A review of the records shows that the applicant was placed on the E-5 promotion list in October 1992.  However the records fail to show that she ever met the promotion point cut-off scores for promotion to the pay grade of E-5.

A Medical Evaluation Board (MEB) convened on 18 June 1993.  The MEB determined that the applicant was suffering from inflammatory bowel disease (pancolitis), migraines, chronic iron deficiency anemia, malnutrition and lactose intolerance.  The MEB recommended that she be referred to a Physical Evaluation Board (PEB).  

A PEB convened on 2 September 1993 to determine the applicant’s fitness for retention on active duty.  The PEB determined that she was unfit for retention on active duty and the board recommended that she be discharged with a combined disability rating of 10 percent.

Accordingly, she was honorably discharged with severance pay on 11 March 1994 under the provisions of Army Regulation 635-40, chapter 4 by reason of physical disability.  The DD Form 214 that she was furnished at the time of her discharge shows that she was discharged in the pay grade of E-4.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The Board has noted the applicant’s contentions.  However, there is no evidence of record nor has the applicant submitted any evidence to show that she met the promotion cut-off scores for promotion to the pay grade of E-5 or that she was unjustly denied promotion as a result of an unfounded investigation.  The evidence of record clearly shows that she was promoted to the pay grade of E-4 on 1 October 1988.

3.  Accordingly, she was discharged in the pay grade of E-4 and the DD Form 214 that she was furnished at the time of her discharge appropriately shows her pay grade as E-4.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___fe ___  ___kf ___  ____be__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001058732	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/11/08	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 189	110.0000	
2.  307	129.0500	
3.		
4.		
5.		
6.